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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> McGurran v. Co-Operative Wholesale Society Ltd (t/a North Eastern Co-Op) [2000] UKEAT 395_00_0407 (4 July 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/395_00_0407.html Cite as: [2000] UKEAT 395__407, [2000] UKEAT 395_00_0407

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APPEARANCES

 

For the Appellant	MR D STILITZ (of Counsel) Instructed by: Anthoney T Bryson & Co 5/7/9 Grey Street Newcastle upon Tyne NE1 6EE


 


JUDGE WILCOX:

1. A Chairman of an Employment Tribunal sitting alone on 11 February 2000 refused the Appellant leave to amend his originating application to include claims in respect of disability discrimination and unauthorised deduction from wages. Two points arise:

1. The question of jurisdiction. The Chairman was sitting alone. He was from outside the normal area region and none the less when the Regional Chairman had given his original directions, he directed that the matter required determination by a full Tribunal from a panel without the area. Firstly, we think it is arguable that there is a jurisdiction point here.

2. Insofar as the decision was concerned it was quite clear that the Chairman who elected to give a decision in the absence of a full panel or full Tribunal, corrected applied the law, exemplified in the Housing Corporation ground. It is in the application of it that there is criticism made. We think, that it is a valid criticism, in so far as when we go to the originating application, it is clear that expressly there were raised matters that, on a common sense reading of them, would lead to a conclusion that matters of disability and discrimination were in fact being raised. We think that although the learned chairman enlighted on the correct law, it is evident or may be evident, if argued before a full Tribunal that he erred in that application.

2. We give leave on those two grounds therefore for the matter to go to a full Tribunal. Category C ½ a day.